Conditions

Last update: June 2021

The company ilogs healthcare GmbH manages the virtual store www.myjames.shop

ilogs healthcare GmbH
Krone Platz 1
9020 Klagenfurt

Headquarters: Klagenfurt
Legal form: GmbH
Customer support: Monday to Thursday from 8am to 4pm and Friday from 8am to 2pm.
Phone: +43 (0) 463 504 197
Web: www.ilogs.care
E-Mail: sales@ilogs.care

CEO: Dr. Walter Liebhart
Adress: see address above
Phone: +43 (0) 463 504 197 222
E-Mail: office@ilogs.care
Company registration number.: 481242i
Commercial register court: Landesgericht Klagenfurt
Competent tax office: Tax office Klagenfurt (FA57)
UID: ATU72724778

Supervisory authority: Magistrate of the City of Klagenfurt
Place of execution: 9020 Klagenfurt, Krone Platz 1
Place of execution for our pickup stores: the respective location
Commercial regulations: Trade regulations (www.ris.bka.gv.at)
Voluntary code of conduct: (www.guetezeichen.at)
Business designation: IT
Business purpose: Trade with software solutions for the social and health care sector
Media owner, editor, publisher: ilogs healthcare GmbH

Info, data information and complaints at: sales@ilogs.care

Contracting party, scope of application

(1) Contractual partner within the scope of the following GTCs is ilogs healthcare GmbH (hereinafter referred to as “ilogs”), Krone Platz 1, 9020 Klagenfurt, Austria and the customer.

(2) All deliveries and services provided by ilogs to customers are exclusively based on the following General Terms and Conditions in the version valid at the time of the order.

1. validity of the general terms and conditions

The GTCs apply to the sale and delivery of goods and the provision of services by our company. By clicking the checkbox in the shopping cart before submitting the order “I have read and accepted the General Terms and Conditions (GTC)”, the buyer agrees to these General Terms and Conditions and is bound by them.

Our range of offers is not binding. The order of the customer with full legal capacity (persons over the age of 18) constitutes an offer to conclude a purchase contract. The subsequent confirmation of receipt of the order sent by us within the meaning of § 10 para 2 ECG does not in itself constitute acceptance of the offer. The purchase contract is only concluded as soon as we deliver the ordered goods, by sending a second e-mail as confirmation of the contract or by other acceptance of the customer’s offer. All offers on our website are subject to change, non-binding and (unless otherwise stated) only available while stocks last.

2. contract language

The content of the contract, all other information, customer service, data information and complaint resolution are offered in German and English.

3. order process, order correction, order cancellation

Once you have selected the desired product, you can add it to the shopping cart without obligation by clicking on the shopping cart icon. You can view the contents of the shopping cart at any time without obligation by clicking on the shopping cart icon. Moreover, you can remove the products from the shopping cart by again. To do this, click the Xnext to the product.

If you want to buy the products in the shopping cart, click the button “Proceed to checkout”. Please then enter your payment details. When you have made a purchase for the first time, the payment process will automatically register you as a new customer and inform you of this by e-mail. For users who are already registered, it is sufficient to enter the login specified in the course of the initial registration for further orders. Your data will be transmitted encrypted.

After entering your data and selecting the type of payment and delivery, you will be taken to the order page, where you can check your entries again. By clicking the button “Complete now” you complete the ordering process. The order process can be cancelled by closing the browser.

4. we offer the following payment options

4.1 Hardware (watches / wristbands / tablet & other accessories)

  • One-time payment of the purchase price incl. VAT: After successful completion of payment, the product becomes your property.
  • Partial payment: The manufacturer, ilogs healthcare grants you the right to pay the purchase price in monthly installments under the following conditions: For the minimum term of the installment agreement (12 monthly installments), the payment processing consists of the collection of the amount via the payment method chosen by the customer. The due processing fee (according to the purchase contract) of € 19.00 is due immediately after the conclusion of the contract. Any installment agreement is to be understood as a mere deferment, free of charge and interest and refers to the purchase price = total price of the JAMES product. You can repay the outstanding installments in full at any time ahead of schedule.

4.2 Emergency plan & additional plans

  • Monthly payment: you can pay all JAMES plans on a monthly basis using your preferred payment method and cancel monthly.
  • Jährliche Zahlung: Alternativ können Sie die JAMES Tarife für 12 Monate vorauszahlen.

4.3 Payment methods

You can find our payment methods under the following link.

5. Information on partial payment

5.1 Who owns the product if I pay by installment? In addition to the device, packaging, operating instructions and accessories components of the purchased item remain the property of the seller, namely ilogs healthcare GmbH, until the total amount has been paid off.

5.2 Due date of the processing fee / partial payment:The processing fee is due immediately upon conclusion of the contract. In the case of partial payment, the individual partial amounts are due for payment on a monthly basis. Installments will be collected together with the monthly emergency call rate, unless a prepaid voucher has been purchased, through your chosen payment method.

5.3 Installment agreement: What happens in case of late payment? If you are in arrears with the payment of at least one due installment
we will send you up to three reminders in email form. If you are responsible for the delay in payment, we are entitled to charge you for each reminder until the debt collection is handed over to a collection agency or to a lawyer for the necessary and appropriate administrative reminder fees.

We reserve the right to hand over the pursuit of the claim to a collection agency or to a lawyer if you have not paid within 14 days after the third reminder. In this case, you are also obligated to pay us the actual costs incurred by us and necessary for the appropriate collection of the claim from the time the claim is handed over to a collection agency or a lawyer.
You shall reimburse us for any costs incurred in connection with the extrajudicial collection of the claim, insofar as these are in a reasonable proportion to the claim being pursued and the delay in payment is your fault.

If you do not pay despite a reminder, we are entitled to charge interest on arrears.
in the amount of 8% per year from the due date of the invoice, provided that the delay in payment was your fault. If you are a consumer within the meaning of the KSchG and we have to make payments to you and are thus in default, we will pay you default interest in the amount of 8% per annum from the due date after receipt of a reminder, provided that the delay in payment was our fault.

As the manufacturer, ilogs healthcare GmbH is entitled to terminate the installment agreement with immediate effect after a reminder has been sent and a grace period of at least 14 days has been set. In this case, the entire outstanding purchase price (total price with crediting of payments already made on it) is due for payment immediately.

6. Default of payment

The purchase of a JAMES productcan only be made if you have redeemed / carried out either a valid voucher or a valid payment method. If the debit of recurring tariffs is not successful, the JAMES Shop will inform you by e-mail.

If after one week still no debit is possible, the tariffs and all related functions on theJAMES products will be terminated automatically. As a gesture of goodwill, the service on the part of the manufacturer, namely ilogs healthcare GmbH, will remain active for another three weeks. By purchasing a new emergency call plan within the three weeks, the functionality can be reactivated at any time. After that, an activation fee will apply, as a new SIM card will be required.

7. Record of the contract

The contract is stored by us and can be requested by you after completion of the ordering process. You can print the order data immediately after sending it to ilogs. To do this, you can either use the subsequent page “Your order” or the mail “Confirmation of receipt”.

Telephone order taking:
+43 (0) 463 504 197 5

Monday to Thursday from 8am to 5pm and Friday from 8am to 2pm.

8. Pricing

5.1 The invoicing is in Euro. The prices are valid at the time of the order including statutory VAT plus all expenses incurred with the shipment. They are visible in the shopping cart before the conclusion of the contract and afterwards in a contract confirmation sent to the customer. Should export or import duties become due in the course of shipment, these shall also be borne by the purchaser (information on this can be obtained from your regional customs office).

5.2The prices valid at the time of the order shall always be decisive. With updating of the web pages of myjames.store all previous prices and information about goods become invalid. Separate charges apply for packaging, shipping and insurance. These can be found under the heading “Shipping costs” in our store.

9. Reservation of ownership

We retain title to the delivered service or goods or to the media processed or created by us until receipt of all payments arising from the business relationship with the customer. If the customer resells goods subject to retention of title, he shall also pass on the retention of title. The customer must notify us immediately of any access by third parties to our goods subject to retention of title. Pledges, transfers by way of security and similar of the goods subject to retention of title are only permitted with our prior consent. If payment is not made immediately after a reminder in the event of default, our goods subject to retention of title shall be surrendered without delay. The return costs shall be borne by the customer.

10 Warranty, liability, guarantee

The warranty is governed by the statutory provisions. It is limited to the statutory period of 24 months from the date of acceptance of the goods by the buyer or, in the case of services, with the completion of the service. In the case of justifiably objected defects, depending on the choice of the buyer, either free replacement or improvement shall be made, for which a reasonable period of time shall be granted, unless the improvement or replacement is impossible or would involve a disproportionately high effort for the seller compared to the other remedy. If replacement or improvement is out of the question (not possible, too much effort, unreasonable, delay, etc.), the Buyer shall be entitled to a price reduction or, if the defect is not minor, rescission of the contract (redhibition).

If possible, any defects that occur must be notified upon delivery or after they become visible, whereby failure to notify a consumer upon delivery or after they become visible shall not affect the consumer’s warranty claims. If the purchase is a commercial transaction (B2B) for the customer, he must inspect the goods no later than five working days after receipt and notify us immediately if a defect is found.

Our company is only liable for damages in case of intent and gross negligence. This does not apply to personal injury or consumer transactions. The existence of slight or gross negligence must be proven by the injured party, unless it is a consumer transaction. Compensation for consequential (defect) damages, as well as other property damages, financial losses and damages of third parties against the customer, unless it is a consumer transaction, is excluded. Unser Unternehmen als Betreiber des im Impressum genannten Webshops erbringt die Leistungen mit größter Sorgfalt, haftet aber nicht für die von Dritten zur Verfügung gestellten bzw. von Dritten bezogenen Leistungen.

The statutory warranty period of two years applies to all items.

In the case of shipment of goods in consumer transactions, the risk of loss or damage to the goods shall pass to the consumer only as soon as the goods are delivered to the consumer or to a third party designated by the consumer and different from the carrier. If, however, the consumer has concluded the contract of carriage himself without making use of a choice suggested by us, the risk shall pass to the carrier as soon as the goods are handed over to him.

Damage caused by improper measures or measures contrary to the contract on the part of the customer, during installation, connection, operation or storage, shall not constitute grounds for a claim against ilogs. The impropriety and lack of conformity are determined in particular by the manufacturer’s specifications.

11. Right of withdrawal

Consequences of the revocation
If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. In the case of sales contracts in which we have not offered to collect the goods ourselves in the event of cancellation, we may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
If you have received goods in connection with the contract, you must return or hand over the goods immediately and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract to the following address:

ilogs healthcare GmbH
Krone Platz 1
9020 Klagenfurt | Österreich
Phone: +43 (0) 463 504 197
E-Mail: sales@ilogs.care

The deadline is met if you send the goods before the deadline of fourteen days. You bear the direct costs of returning the goods.

You only have to pay for any loss of value of the goods if this loss of value is due to the handling of the goods which is not necessary for the inspection of the condition, properties and functioning of the goods.
If the customer is an entrepreneur, a revocation is completely excluded

Sample cancellation form

The sample declaration of revocation is also available for download as a PDF file:
PDF download sample cancellation form

12. Delivery

Delivery is made by a parcel delivery service, primarily by mail.

17.1 Deliveries are made to the delivery address provided by the customer.

17.2 The delivery time of goods marked as “immediately available” is within 10 working days. The delivery period begins with the sending of the contract confirmation by mail. In any case, we deliver within the statutory period of 30 calendar days. If the last day of the period falls on a Saturday, Sunday or a general holiday recognized by the state at the place of delivery, the next working day shall take the place of such day.

17.3 In the event of delays in delivery for which ilogs is not responsible (force majeure, fault of third parties, etc.), the delivery period will be extended accordingly. The customer shall be informed thereof without delay. If the causes of the delay last longer than 4 weeks after the conclusion of the contract, either party is entitled to withdraw from the contract.

17.4 Delivery time of goods marked as “out of stock”. Goods marked as “out of stock” in the electronic catalog are not in stock at the moment and will be reordered by our purchasing department after receipt of order. After ordering such an item marked as “out of stock”, the customer will be informed by our JAMES supportseparately by mail about the delivery time. If the customer would like to be informed in advance about the delivery time, he can ask our JAMES support, indicating the article number.

13. Shipping costs

Please refer to the Shipping & Returns page for the applicable shipping costs per country.

14. Transport damage

18.1 If goods are delivered with obvious damage to the packaging or the contents, the customer must immediately complain to the deliverer and refuse acceptance. In addition, ilogs must be contacted immediately.

18.2 The goods shall be inspected for damage immediately upon receipt. If damage is detected, it must be reported immediately to ilogs, sales@ilogs.care.

18.3 The fulfillment of the obligations pursuant to 18.1. and 18.2 has no influence on warranty claims of the customer.

15. Use of our products

It is strongly recommended that you read the relevant user instructions before using our products and services. If there are any uncertainties, please feel free to inform us at support@ilogs.care. We are always eager to answer all your questions.

16. information on the call center and initiation of a rescue operation.

Our 24/7 call center acts according to the following guidelines:

In the event of an alarm, the call center will attempt to contact the person being cared for and their relatives/authorized helpers to clarify the situation. The contact is made according to the following procedure:

  • All JAMES devices of the person under care are called
  • The telephone number of the person being cared for is called, if this has been stored
  • All alarm contacts of the person being cared for are called, provided they have been deposited. If it turns out to be an emergency, rescue workers are alerted. If the patient cannot be reached, the emergency services are also alerted.

Attention! Any costs initiated by our call center, such as e.g. Rescue operations (trips of the Red Cross), are borne by you (customer).

If you have purchased a product with the call center, we recommend that you trigger an alarm after system activation. Please inform the call center that this is a test alarm.

17. Privacy policy

Information on the processing and storage of your data can be found in our privacy policy.

18 Applicable law, place of jurisdiction

The contracting parties agree on the application of Austrian law. If the consumer has his domicile or habitual residence in the country or if he is employed in the country, only the jurisdiction of the court in whose district the domicile, habitual residence or place of employment is located can be established for an action against him; this does not apply to legal disputes that have already arisen. The UN Convention on Contracts for the International Sale of Goods and all provisions relating to the UN Convention on Contracts for the International Sale of Goods are expressly excluded. For contracts with companies, our registered office is agreed as the place of jurisdiction.

19. Arbitration board

We undertake to participate in the arbitration procedure of the Internet Ombudsman in the event of disputes:

www.ombudsmann.at
Internet Ombudsperson
Margaretenstrasse 70/2/10
1050 Vienna
Österreich

More information on the types of procedure can be found at www.ombudsmann.at or in the respective procedural guidelines:

Procedural guidelines of the Internet Ombudsman for alternative dispute resolution according to the AStG (AStG arbitration procedure)
Download procedural guidelines

Guidelines for the arbitration procedure at the Internet Ombudsman outside the scope of the AStG (standard procedure)
Download guidelines for the arbitration procedure

Alternative dispute resolution according to Art. 14 Para. 1 ODR-VO:
The European Commission provides a platform for online dispute resolution, which you can find at http://ec.europa.eu/consumers/odr/. We are ready to take part in an out-of-court arbitration process.

Our email address: sales@ilogs.care

20. Copyright

All messages, graphics and the design of the website of the ilogs company are for the personal information of our customers only. Use at your own risk. All data of this offer enjoy the protection according to §4 and §87a ff. Copyright Law. The reproduction, copying and printing of the entire website are only permitted for the purpose of placing an order with ilogs. Any further reproduction, distribution and / or public reproduction exceeds normal use and constitutes a violation of copyright law.

Do you need help? Our team looks forward to your call! +43 463 504 197 4

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